Penal Codes Affecting Air Tasers & Stun Guns/Batons

STATE RESTRICTIONS:

CONNECTICUT: Legal with Restrictions

Connecticut Criminal Law Title 53 ? Crimes, Title 53a ? Penal Code, Title 54 Criminal Procedure, Chapter 950 Section 53a-3 Definitions: (20) “Electronic defense weapon” means a weapon which by electronic impulse or current is capable of immobilizing a person temporarily, but is not capable of inflicting death or serious injury. §53-206. Carrying and sale of dangerous weapons Any person who carries upon his person? an electronic defense weapon, as defined in 53a-3, or any other dangerous or deadly weapon or instrument, unless such person has been granted a written permit issued and signed by the first selectman of a town, the mayor or chief of police of a city or the warden of a borough, authoring such person to carry such weapon or instrument within such city or borough, shall be fined not more than five hundred dollars or imprisoned not more than three years or both. No permit shall be issued to any applicant who has ever been convicted of a felony. The issuing authority may request the applicant?s finger prints and full information concerning his criminal record and make an investigation concerning his criminal record and make an investigation concerning the suitability of the applicant to carry any such weapon. Refusal of fingerprinting by the applicant shall be sufficient cause to refuse issuance of a permit. Whenever any person is found guilty of a violation of this subsection, any weapon or other implements within the provisions hereof, found upon the body of such person, shall be forfeited to the municipality wherein such person was apprehended, not withstanding any failure of the judgment of conviction to expressly impose such forfeiture. Any person who has been granted a permit to carry any martial arts weapon pursuant to this section may carry such weapon anywhere within the state. The provisions of this subsection shall not apply to any officer charged with the preservation of the public peace nor to any person who is found with any such weapon or implement concealed upon his person while lawfully removing his household goods or effects from one place to another, or from one residence to another, nor to any person while actually and peaceably engaged in carrying any such weapon or implement from his place of abode or business to a place or person where or by whom such weapon or implements is to be repaired, or while actually and peaceably returning to his place of abode or business with such weapon or implement after the same has been repaired. (b) any person who sells to another? electronic defense weapon, as defined in section 53a-3, shall, within 24 hours after the delivery of such weapon or implement to the person to whom sold, give written notice of such sale or delivery, specifying the article sold and the name and address of the person to whom sold or delivered, to the chief of police of the city, the warden of the borough or the first selectman of the town, within which such weapon or implement is sold or delivered, as the case may be. Any person who violates any provision of this subsection shall be fined not more than one hundred dollars.

SUMMARY: Section 53-206(a) prohibits the carrying of a Stunning Device on the person unless that person has obtained a dangerous weapons permit. However, there are no state-wide permits, only local permits? the permit is only good in that particular town and would be illegal elsewhere. Anyone selling such a weapon must notify the chief of police with that information within 24 hours of the delivery. Therefore Stunning Devices can be sold and it can be kept in your place of business or home, but you cannot carry it on your person without a permit which is only good within the limits of the city in which it was issued.

(B) “Any device by whatever name known which will, or is designed, or may be readily converted or restored, to expel a projectile by the action of an explosive or other propellant through a smooth bore barrel, except a shotgun.”

(D) Any device designed or redesigned, made or remade, or readily converted or restored, and intended to stun or disable a person by means of electric shock.

(a) Except as otherwise provided in this chapter, no person or organization in the District of Columbia (“District”) shall receive, possess, control, transfer, offer for sale, sell, give, or deliver any destructive device, and no person or organization in the District shall possess or control any firearm, unless that person or organization holds a valid registration certificate for the firearm.

Subchapter V. Sales and Transfer of Firearms, Destructive Devices, and Ammunition. General Provision 6-2351. Sales and transfers prohibited. No person or organization shall sell, transfer or otherwise dispose of any firearm, destructive device or ammunition in the District except as provided in *** 6-2352, or 6-2375.

SUMMARY: Possession and sales of Stunning Devices are banned in Washington, DC.

ILLINOIS: Restricted

In order to possess a Taser or stun gun, an individual must have a valid FOID card, as is currently required for firearms.

Sellers of Taser or stun guns must check the buyers FOID card and keep the record of sale for ten years, the same requirements for firearms sales.

When a licensed firearms dealer sells a Taser or stun gun, they must request a background check of the buyer.

The 24-hour waiting period required for long guns, shotguns, and rifles, will also apply to taser and stun gun purchases.

(a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend or deliver any electric gun.

(b) Any electric gun in violation of subsection (a) shall be confiscated and disposed of by the chief of police.

SUMMARY: Possession and sales of Stunning Devices are banned in Hawaii.

MASSACHUSETTS: Illegal

Massachusetts State Law. Ann. Laws of Massachusetts. Chapter 140. Sale of Firearms. Section 131J: Sale or possession of electrical weapons; penalties. Section 131J. No person shall sell, offer for sale or possess a portable device or weapon from which an electric current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure or kill. Whoever violates this provision of this section shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than two years in a jail or house of correction, or both.

SUMMARY: Possession and sales of Stunning Devices are banned in Massachusetts.

(1) A person shall not sell, offer for sale, or possess in this state a portable device or weapon from which an electric current, impulse, wave or beam is designed to incapacitate temporarily, injure, or kill.

(3) A person who violates this section is guilty of a felony.

SUMMARY: Possession and sales of Stunning Devices are banned in Michigan.

NEW JERSEY: Illegal

New Jersey State Law. New Jersey Stat. Ann. Title 2C. New Jersey Code of Criminal Justice. Chapter 39-1. Prohibited weapons and devices.

(Section “r” summarized from Chapter 2C:39-1) “Weapon” means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to all (4) stun guns; and any weapon or (this section refers to tear gas and has been updated in 1995) other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

(t) “Stun gun” means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person.

Senate, No. 2871 — L.1985, c. 360

Senate Bill No. 2781, as amended by the Senate Law, Public Safety and Defense Committee, prohibits as a crime of the fourth degree the possession of a stun gun by any person, including a law enforcement officer. A crime of the fourth degree carries a penalty of imprisonment for up to 18 months, a fine of up to $7,500, or both. Prior to being amended the bill classified possession of a crime in the third degree. {Editor’s Note: According to Len Lawson of NJ Legislative Council, (609) 292-4625) NJ does not classify crimes in felonies versus misdemeanors. The highest crimes are in first degree on down to fourth degree. A fourth degree penalty is a serious charge and is generally considered a misdemeanor in common terms. It is however an indictable offense. A fourth degree crime does contain “a presumption of non-custodial sentencing,” meaning that there is not imprisonment if there are no prior convictions. In some cases the sentencing is obviated from one’s record if there is a period of good behavior following the charge.}

The committee amended the bill to include a provision authorizing the Attorney General, at his discretion, to exempt law enforcement officers from the prohibition against possession stun guns.

The bill also was amended by the committee to include stun guns in the definition of “weapon” in paragraph r. N.J.S. 2C:39-1.

(Chapter 2C:39-1)

(h) Stun guns. Any person who knowingly has in his possession any stun gun is guilty of a crime in the fourth degree.

SUMMARY: Possession is banned of Stunning Devices in New Jersey.

NEW YORK: Illegal

New York Consolidated Law (McKinney’s) Book 39. Penal Law.

Article 265. Firearms and Other Dangerous Weapons 265.00

15-a. “Electronic dart gun” means any device designed primarily as a weapon, the purpose of which is to momentarily stun, knock out or paralyze a person by passing an electrical shock to such person by means of a dart or projectile.

15-c. “Electronic stun gun” means any device designed primarily as a weapon, the purpose of which is to momentarily stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical shock to such person.

Article 265.01 Criminal possession of a weapon in the fourth degree. A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He possesses any firearm, electronic dart gun, electronic stun gun ***; or ***

SUMMARY: Possession is banned of Stunning Devices in New York.

RHODE ISLAND: Illegal

General Laws of Rhode Island. Title 11, Chapter 47. Statute Subsection 11-47-42. Weapons other than firearms prohibited. – (A) No person shall carry or possess or attempt to use against another, any instrument or weapon of the kind commonly known as a *** stun gun ***. Any person violating the provisions of this subsection shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, and the weapon so found shall be confiscated.

SUMMARY: Possession and use of Stunning Devices are banned.

WISCONSIN: Legal with restriction

Under the CCW (Carrying Concealed Weapons) laws, the prohibition against possessing or going armed with an electric weapon does not apply to any of the following:

A CCW licensee or an out-of-state licensee.
An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.
Wis. Stat. § 941.295(2g).

The prohibition against transporting an electric weapon does not apply to any of the following:

A licensee or an out-of-state licensee.
An individual who is not a licensee or out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.
Wis. Stat. § 941.295(2r).

If you are not specifically allowed to carry an electric weapon (see above) you are only allowed to carry an electric weapon in your own dwelling or place of business or on land that you own, lease, or legally occupy. Wis. Stat. § 941.295(2g). You may also transport the weapon if it is enclosed within a carrying case. Wis. Stat. § 941.295(2r). The possession or carrying of an electric weapon in any other situations is a felony. Wis. Stat. § 941.295(1m).

Electric weapons cannot be sold to persons in Wisconsin who are not law enforcement, armed forces on official duty or persons without a recognized out-of-state CCW license or a Wisconsin CCW license. Wis. Stat. § 941.295(2)(d). A violation of this statute is a felony. Wis. Stat. § 941.295(1m).

SUMMARY: You need a CCW license or recognized out of state license to legally carry stun guns in Wisconsin. However, you can have a stun gun in your home or business and even carry it in your vehicle if it’s in a closed case. The catch 22 is that no one can sell to you if you don’t have a CCW license.

CITY/COUNTY RESTRICTIONS:

CHICAGO: Illegal

Publisher’s Note: The following jurisdictions require waiting periods or notifications to law enforcement officials before weapons may be delivered to purchasers:

Chicago – application approval/denial for:

(1) Registration: 120 days

(2) Re-registration: e.g., by an heir, 365 days)

SUMMARY: Possession and sales of Stunning Devices are banned in Chicago. (More information required on City of Chicago Ordinance)

ANNAPOLIS: Illegal

BALTIMORE: Illegal (Including Baltimore County)

Baltimore City Code 115. Stun guns and similar devices. (e) It shall be unlawful for any person, firm, or corporation to sell, give away, lend, rent or transfer to any individual, firm or corporation a stun gun or other electronic device by whatever name or description which discharges a non-projectile electric current within the limits of the City of Baltimore. It further shall be unlawful for any person to possess, fire or discharge any such stun gun or electronic device within the City. Nothing in this subsection shall be held to apply to any member of the Baltimore City Police Department or any other law enforcement officer while in the performance of his or her official duty (Ord. 385. 1985).

HOWARD COUNTY, MD: Illegal

Sec. 8.404. Sale or possession of electronic weapons prohibited. It shall be unlawful for any person, firm, or corporation to sell, give away, lend, rent or transfer to any individual, firm or corporation an electronic weapon within the limits of Howard County. It further shall be unlawful for any person to possess, fire, discharge or activate any electronic weapon within the limits of Howard County. (C.B. 38 1985).

PHILADELPHIA: Illegal

Philadelphia City Ordinance. Statute 10-825 Stun Guns. (1) Definitions. (a) Stun Gun. Any device which expels or projects a projectile which, upon coming in contact with a person, is capable of inflicting injury or an electric shock to such person. (2) Prohibited conduct. Nor person shall own, use, possess, sell or otherwise transfer any “stun gun.” (3) Penalty. Any person violating any provision of this section shall be subject to a fine or not more than three hundred (300) dollars and /or imprisonment for not more than ninety (90 days.)

NEW YORK CITY: Illegal

Administrative Code of the City of New York 10-135 Prohibition on sale and possession of electronic stun guns.

a. As used in this section, “electronic stun gun” shall mean any device designed primarily as a weapon, the purpose of which is to stun, render unconscious or paralyze a person by passing an electronic shock to such person, but shall not include an “electronic dart gun” as such term is defined in section 265.00 of the penal law.

b. It shall be unlawful for any person to sell or offer for sale or to have in his or her possession within the jurisdiction of the city any electronic gun.

c. Violation of this section shall be a class A misdemeanor. [Exemptions under this section are provided for police officers operating under regular department procedures or guidelines and for manufacturers of electronic stun guns scheduled for bulk shipment. NOTE: The electronic stun gun is not a “firearm” under the Federal Gun Control Act of 1968 because it does not “…expel a projectile by the action of an explosive…”]

SUMMARY: Possession and sales of Stunning Devices are banned in New York City